Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court directed that the petitioner be granted liberty to file an application under Rule 12(A) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the seized truck, and the Collector must decide the application within four weeks and pass a reasoned order within another four weeks.
Summary
The petitioner, Vishal Kumar, filed a writ petition seeking an order directing the Collector‑cum‑District Magistrate of Saran to release his truck seized for alleged involvement in the recovery of 555.78 litres of illicit liquor. The seizure was made under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Sections 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The Court held that the petitioner, as the owner, is entitled to file an application under Rule 12(A) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle upon payment of the prescribed penalty. The Court granted the petitioner liberty to file such an application within four weeks and directed the Collector to decide it on merits and pass a reasoned order within another four weeks. The writ petition was consequently disposed of on these terms.
Issues considered
- Whether the Collector‑cum‑District Magistrate can be directed to release a vehicle seized under the Bihar Prohibition and Excise Act, 2016 pending the filing of an application under Rule 12(A) of the Rules, 2023.
- Whether the petitioner, as the owner, is entitled to liberty to seek release of the seized truck upon payment of penalty.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 317(5), 3(5)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- writ petition
- seizure of vehicle
- illicit liquor
- excise law
- Rule 12(A)
- provisional relief
- collector-cum-district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1818 of 2026
======================================================
Vishal Kumar Son of Jagannath Mahto, Resident of village- Pokhraira, P.O. -
Giddha, Pokhraira, P.S. - Kajra, District- Muzaffarpur, State - Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principle Secretary, Registration, Excise and
Prohibition Department, Government of Bihar, Patna.
2. The Principle Secretary, Registration, Excise and Prohibition Department,
Government of Bihar, Patna.
3. The Collector-cum-District Magistrate, Saran.
4. The Superintendent of Police, Saran.
5. The Superintendent of Excise, Saran.
6. The Station House Officer of Bheldi Police Station, District- Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Ray, Advocate
For the Respondent/s : Mr. K.P. Gupta, G.P.-10
Mr. Deeparjali Gupta, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 23-02-2026 The present writ petition has been filed for directing
the learned Collector – cum – District Magistrate, Saran at
Chapra to release the truck of the petitioner bearing Registration
No. JH02T8038, Chassis No. MAT466404B2E12528, Engine
Patna High Court CWJC No.1818 of 2026(2) dt.23-02-2026
2/3
No. B591803111E63139880 which has been sized on account of
recovery of 555.780 litres of illicit liquor leading to the
registration of Bheldi P.S. Case No. 282 of 2025 dated
26.10.2025 under Section 30(a) of the Bihar Prohibition and
Excise Act, 2016 (hereinafter referred to as “the Act, 2016”) and
Sections 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023
against one Rajesh Kumar Yadav and unknown owner of the
truck in question.
2. The learned counsel for the petitioner submits that
the petitioner is the owner of the truck in question, hence he be
granted liberty to file appropriate application under Rule 12(A)
of the Bihar Prohibition and Excise (Amendment) Rules, 2023
(hereinafter referred to as “the Rules, 2023”) for release of the
aforesaid vehicles in question upon payment of penalty. Liberty
so sought is granted.
3. It is needless to state that in case appropriate
petition is filed by the petitioner under Rule 12(A) of the Rules,
2023 within a period of four weeks from today, the learned
Collector – cum – District Magistrate, Saran at Chapra/ the
authorized officer shall consider the same on merits and pass a
reasoned and a speaking order in accordance with law within a
period of four weeks, thereafter.
Patna High Court CWJC No.1818 of 2026(2) dt.23-02-2026
3/3
4. Accordingly, the present writ petition stands
disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
(Alok Kumar Pandey, J)
alok/-
U
Checking your session…